JK 5425 
1820 
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CONSTITUTION 


OF 




NOVEMBER 16, 1820. 

Read, and referred to a select committee, 

\ 



WASHINGTON t 


FBIN TED BY GALES & SEATOIT, 
* 1820, 














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JUM 4 1907 

D. ofD. 






• • 




CONSTITUTION OF MISSOURI. 


We, the people of Missouri, inhabiting the limits hereinafter de¬ 
signated, by our representatives in convention assembled, at St. 
Louis, on Monday, the 12th day of June, 1820, do mutually agree to 
form and establish a free and independent republic, by the name of 
“ The State of Missouri,” and for the government thereof do ordain 
and establish this constitution. 

ARTICLE I. 


OF BOUNDARIES. 


We do declare, establish, ratify, and confirm the following as the 
permanent boundaries of said state, that is to say: “ Beginning in 
the middle of the Mississippi river, on the parallel of thirty-six de¬ 
grees of north latitude; thence, west, along the said parallel of latitude, 
to the St. Francois river; thence, up, and following the course of that 
river, in the middle of the main channel thereof, to the parallel of la¬ 
titude of thirty-six degrees and thirty minutes; thence, west, along 
the same, to a point where the said parallel is intersected by a meri¬ 
dian line passing through the middle of the mouth of the Kansas ri¬ 
ver, where the same empties into the Missouri river; thence, from 
the point aforesaid, north, along the said meridian line, to the inter¬ 
section of the parallel of latitude which passes through the rapids of 
the river Des Moines, making the said line correspond with the In¬ 
dian boundary line; thence, east, from the point of intersection last 
aforesaid, along the said parallel of latitude, to the middle of the 
channel of the main fork of the said river Des Moines; thence, down, 
and along the middle of the main channel of the said river Des Moines, 
to the mouth of the same, where it empties into the Mississippi river; 
thence, due east, to the middle of the main channel of the Mississippi 
river; thence, down, and following the course of the Mississippi river, 
in the middle of the main channel thereof* to the jjace of beginning/-* 


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ARTICLE IL 

OF THE DISTRIBUTION OF POWERS. 

The powers of government shall be divided into three distinct de¬ 
partments, each of which shall be confided to a separate magistracy; 
and no person charged with the exercise of powers properly belong¬ 
ing to one of those departments, shall exercise any power properly 
belonging to either of the others, except in the instances hereinafter 
expressly directed or permitted. 

ARTICLE III. 

OF THE UEGISX.ATIVE POWER. 

Sec. 1 . The legislative power shall he vested in a “ General As¬ 
sembly,which shall consist of a i( Senate,” and of a “ House of Re¬ 
presentatives.” 

Sec. 2. The house of representatives shall consist of members to 
he chosen every second year, by the qualified electors of the several 
counties. Each county shall have at least one representative, but the 
whole number of representatives shall never exceed one hundred. 

Sec. 3. No person shall be a member of the house of representa¬ 
tives who shall not have attained to the age of twenty-four years; who 
shall not be a free white male citizen of the United States: who shall 
not have been an inhabitant of this state two years, and of the county 
which he represents, one year, next before his election, if such coun¬ 
ty shall have been so long established, but, if not, then of the county 
or counties from whirl) the same shall have been taken; and who shall 
not, moreover, have paid a state or county tax. 

Sec. 4. The general assembly, at their first session, and in the years 
one thousand eight hundred and twenty-two, and one thousand eight 
hundred and twenty-four, respectively, and every fourth year there* 
after, shall cause an enumeration of the inhabitants of this state to 
be made; and, at the first session after each enumeration, shall ap¬ 
portion the number of representatives among the several counties, 
according to the number of free w hite male inhabitants therein. 

Sec. 5. The senators shall be chosen by the qualified electors for 
the term of four years. No person shall be a senator who shall not 
have attained to the age of thirty years; who shall not be a free 
white male citizen of the United States; who shall not have been ail 
inhabitant of this state four years, and of the district which he may 
be chosen to represent, one year, next before his election, if such dis¬ 
trict shall have been so long established, hut, if not, then of the dis¬ 
trict or districts from which the same shall havp been taken; and, 
who shall not, moreover, have paid a state or county tax. 

Sec. 6. The senate shall consist of not less than fourteen, nor 
more than thirty-three members; for the election of whom the state 
shall be divided into convenient districts, which may be altered from 
time to time, and new r districts established, as public convenience 
may require; and the senators shall be apportioned among the 


several districts according to the number of free white male inhabi¬ 
tants in each; provided, that when a senatorial district shall be com¬ 
posed of two or more counties, the counties of which such district 
consists shall not be entirely separated by any county belonging to 
another district, and no county shall he divided in forming a dis¬ 
trict. 

Sec. 7. At the first session of the general assembly the senators 
shall he divided bj lot, as equally as may he, into two classes. The 
seats of the first class shall be v acated at the end of the second year, 
and the seats of the second class at the end of the fourth year, so that 
one half of the senators shall be chosen every second year. 

Sec. 8. After the first day of January, one thousand eight hun¬ 
dred and . twenty-two, all general elections shall commence on the 
first Monday in August, and shall be held biennially; and the electors, 
in all cases, except of treason, felony, or breach of the peace, shall be 
privileged from arrest during their continuance at elections, and in 
going to, and returning from, the same. 

Sec. 9. The governor shall issue writs of election to fill such va¬ 
cancies as may occur in either house of the general assembly. 

Sec. 10. Every free white male citizen of the United States who 
shall have attained to the age of twenty-one years, and who shall 
have resided in this state one year before an election, the last three 
months whereof shall have been in the county, or district, in which 
he offers to vote, shall he deemed a qualified elector of ail elective 
offices; provided, that no soldier, seaman, or marine, in the regular 
army or navy of the United States, shali he entitled to vote at any 
election in this state. 

Sec. 11. No judge of any court of law or equity, secretary of 
state, attorney general, state auditor, state or county treasurer, 
register, or recorder, clerk of any court of record, sheriff, coro¬ 
ner, member of Congress, nor other person holding any lucra¬ 
tive office under the United States, or this state, militia officers, jus¬ 
tices of the peace, and post-masters excepted, shall be eligible to eith¬ 
er house of the general assembly. 

Sec. 12 . No person who now is, or who hereafter may be, a col¬ 
lector or holder, of public money, nor any assistant or deputy of such 
collector or holder of public money, shall be eligible to either house 
of the general assembly, nor to any office of profit or trust, until he 
salill have accounted for ami paid ail sums for which he may he ac¬ 
countable. 

Sec. 13. No person while he continues to exercise the functions 
of a bishop, priest, clergyman, or teacher of any religious persuasion, 
denomination, society, or sect, whatsoever, shall be eligible to either 
house of the general assembly; nor shall he be appointed to any office 
of profit within the state, the office of justice of the peace excepted. 

Sec. 14. The general assembly shall have power to exclude from 
every office of honor, trust, or profit, within this state, and from the 
right of suffrage, ail persons convicted of bribery, perjury, or other 
infamous crime. 


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Sec. 15. Every person who shall be convicted of having*, directly 
or indirectly, given or offered any bribe to procure his election or ap¬ 
pointment, shall be disqualified for any office of honor, trust, or pro¬ 
fit, under this state; and any person who shall give or offer any bribe 
to procure the election or appointment of any other person, shall, 
on conviction thereof, be disqualified for an elector, or for any office 
of honor, trust, or profit, under this state, for ten years after such 
conviction. 

Sec. 16 . No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office un¬ 
der this state, which shall have been created, or the emoluments of 
which shall have been increased, during his continuance in office, ex¬ 
cept to such offices as shall be filled by elections of the people. 

Sec. 17. Each house shall appoint its own officers, and shall 
judge of the qualifications, elections, and returns, of its own members. 
A majority of each house shall constitute a quorum to do business, 
hut a smaller number may adjourn from day to day, and may compel 
the attendance of absent members in such manner, and under such 
penalties, as each house may provide. 

Sec. 18. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concur¬ 
rence of two thirds of all the members elected, expel a member, but 
no member shall be expelled a second time for the same cause. v They 
shall each, from time to time, publish a journal of their proceedings, 
except such parts as may in their opinion require secrecy; and the 
yeas and nays on any question shall be entered on the journal at 
the desire of any two members. 

Sec. 19. The doors of each house, and of committees of the whole, 
shall be kept open, except in cases which may require secrecy; and 
each house may punish, by fine or imprisonment, any person, not a 
member, who shall be guilty of disrespect to the house, by any disor¬ 
derly or contemptuous behavior in their presence, during their ses¬ 
sion; provided, that such fine shall not exceed three hundred dollars, 
and such imprisonment shall not exceed forty-eight hours for one 
offence. 

Sec. 20. Neither house shall, without the consent of the other, ad¬ 
journ for more than two days at any one time, nor to any other place 
than to that in which the two houses may be sitting. 

Sec. 21. Bills may originate in either house, and may he altered, 
amended, or rejected, by the other; and every bill shall be read on 
three different days in each house, unless two-thirds of the house 
where the same is depending shall dispense with this rule; and every 
bill, having passed both houses, shall be signed by the speaker of the 
house of representatives, and by the president of the senate. 

Sec. 22. When any officer, civil or military, shall be appointed 
by the joint or concurrent vote of both houses, or by the separate 
vote of either house of the general assembly, the votes shall be pub¬ 
licly given viva voce, and entered on the journals. The w hole list 
of the members shall be called, and the names of absentees shall be 
noted and published with the journal. 


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Sec. 23. Senators and representatives shall, in all cases, except 
if treason, felony, or breach of the peace, be privileged from arrest 
during the session of the general assembly, and for fifteen days next 
before the commencement and after the termination of each session; 
and for any speech or debate in either house they shall not be ques¬ 
tioned in any other place. 

Sec. 24. The members of the general assembly shall severally re¬ 
ceive from the public treasury a compensation for their services, 
which may, from time to time, be increased or diminished by law; but 
no alteration increasing or tending to increase the compensation of 
members, shall take effect during the session at which such alterations 
shall be made. 

Sec. £5. The general assembly shall direct, by law, in what man¬ 
ner, and in what courts, suits may be brought against the state. 

Sec. 26. The general assembly shall have no power to pass laws; 
First, For the emancipation of slaves without the consent of their 
owners, or without paying them, before such emancipation, a full equi¬ 
valent for such slaves so emancipated; and, Second, To prevent bona 
fide emigrants to this state, or actual settlers therein, from bringing 
from any of the United States, or from any of their territories, such 
persons as may there be deemed to be slaves, so long as any persons 
of the same description are allowed to be held as slaves by the laws 
of this state. 

They shall have power to pass laws; First, To prohibit the intro¬ 
duction into this state of any slave who may have committed any 
high crime in any other state or territory; Second, To prohibit the 
introduction of any slave for the purpose of speculation, or as an ar¬ 
ticle of trade or merchandise; Third, To prohibit the introduction of 
any slave, or the offspring of any slave, who heretofore may have 
been, or who hereafter may be, imported from any foreign country in¬ 
to the United States, or any territory thereof, in contravention of any 
existing statute of the United States; and, Fourth, To permit the ow n¬ 
ers of slaves to emancipate them, saving the rights of creditors, 
where the person so emancipating will give security that the slave so 
emancipated shall not become a public charge. 

It shall be their duty, as soon as may be, to pass such laws as may 
be necessary, 

First, To prevent free negroes and mulattoes from coming to, and 
settling in, this state, under any pretext whatsoever; and, 

Second, To oblige the ow ners of slaves to treat them with human- 
nity, and to abstain from all injuries to them extending to life or 
limb. 

Sec. 27. In prosecutions for crimes, slaves shall not be deprived 
of an impartial trial by jury; and a slave convicted of a capital of¬ 
fence shall suffer the same degree of punishment, and no other, that 
would be inflicted on a free white person fora like offence; and courts 
of justice before whom slaves shall be tried, shall assign them coun¬ 
sel for their defence. 

Sec. 28. Any person who shall maliciously deprive of life or dis- 



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member a slave, shall suffer such punishment as would be inflicted 
for the like offence if it were committed on a free white person. 

Sec. 29. The governor, lieutenant governor, secretary of state, 
auditor, treasurer, attorney general, and all judges of the courts of 
law and equity, shall he liable to impeachment for any misdemeanor 
in office; but judgment in such case shall not extend farther than 
removal from office, and disqualification to hold any office of honor, 
trust, or profit, under this state. The party impeached, whether con¬ 
victed or acquitted, shall, nevertheless, he liable to be indicted, tried 
and punished, according to Jaw. 

Sec. SO. The house of representatives shall have the sole power 
of impeachment. Ail impeachments shall be tried by the senate; and, 
when sitting for that purpose, the senators shall be on oath or af¬ 
firmation to do justice according to law and evidence. When the 
governor shall be tried, the presiding judge of the supreme court 
shall preside; and no person shall be convicted without the concur¬ 
rence of two thirds of all the senators present. 

Sec. 31. A state treasurer shall be biennially apprinted by joint 
vote of the two houses of the general assembly, who shall keep his 
office at the seat of government. No money shall be drawn from the 
treasury but in consequence of appropriations made by law; and an 
accurate account of the receipts and expenditures of the public mo¬ 
ney shall be annually published. 

Sec. 32. The appointment of all officers, not otherwise directed by 
this constitution, shall he made in such manner as may be prescribed 
by law; and all officers, hotli civil and military, under the authority of 
this state, shall, before entering on the duties of their respective offices, 
take an oath or affirmation to support the constitution of the United 
States, and of this state, and to demean themselves faithfully in 
office. 

Sec. 33. The general assembly shall meet on the third Monday in 
September next; on the first Monday in November, eighteen hundred 
and twenty one; on the first Monday in November, eighteen hundred 
and twenty-two; and thereafter the general assembly shall meet once 
in ever? two years, and such meeting shall be on the first Monday in 
November, unless a different day shall be appointed by law. 

Sec 34. No county now established by law shall ever be re¬ 
duced, by the establishment of new counties, to less than twenty miles 
square; nor shall any county hereafter be established which shall 
contain less than four hundred square miles. 

Sec. 35. Within five years after the adoption of this constitution, 
all the statute laws of a general nature, both civil and criminal, shall 
be revised, digested, and promulgated, in such manner as the general 
assembly shall direct, and a like revision, digest, and promulgation, 
shall be made at the expiration of every subsequent period of ten 
years. 

Sec. 36. The style of the laws of this state shall be—“Be it enact¬ 
ed by the general assembly of the state of Missouri.” 


V 


ARTICLE IV. 

OF THE EXECUTIVE POWEE. 

Sec. 1 . The supreme executive power shall be vested in a chief ma¬ 
gistrate, who shall be styled 66 The Governor of the state of Mis¬ 
souri.” 

Sec. 2. The governor shall be at least thirty-live years of age, and 
a natural born citizen of the United States, or a citizen at the adop¬ 
tion of the constitution of the United States, or an inhabitant of that 
part of Louisiana now included in the state of Missouri at the time of 
the cession thereof from France to the United States, and shall have 
been a resident of the same at least four years next before his election. 

Sec. 3. The governor shall hold his office for four years, and until 
a successor be duly appointed and qualified. He shall be elected in 
the manner following: At the time and place of voting for members 
of the house of representatives, the qualified electors shall vote for a 
governor; and when two or more persons have an equal number of 
votes, and a higher number than any other person, the election shall 
be decided between them by a joint vote of both houses of the gene¬ 
ral assembly at their next session. 

* 

Sec. 4. The governor shall be ineligible for the next four years 
after the expiration of his term of service. 

Sec. 5. The governor shall be commander in chief of the militia 
and navy of this state, except when they shall be called into the ser¬ 
vice of the United States; but he need not command in person, unless 
advised so to do by a resolution of the general assembly. 

Sec. 6. The governor shall have power to remit fines and forfei¬ 
tures, and, except in cases of impeachment, to grant reprieves and 
pardons. 

Sec. 7. The governor shall, from time to time, give to the general 
assembly information relative to the state of tbe government, and 
shall recommend to their consideration such measures as he shall 
deem necessary and expedient. On extraordinary occasions he may 
convene the general assembly by proclamation, and shall state to 
them, the purposes for which they are convened. 

Sec. 8. The governor shall take care that the laws be distributed, 
and faithfully executed; and he shall be a conservator of the peace 
throughout the state. 

Sec. 9. When any office shall become vacant, the governor shall 
appoint a person to fill such vacancy, who shall continue in office un¬ 
til a successor be duly appointed and qualified according to law. 

Sec. 10. Every bill which shall have been passed by both houses 
of the general assembly, shall, before it becomes a law, be presented 
to the governor for his approbation. If he approve, he shall sign it; 
if not, he shall return it, with his objections, to the house in which it 
shall have originated, and the house shall cause the objections to be 
entered at large on its journals, and shall proceed to reconsider the 
bill. If, after such reconsideration, a majority of all the members 
elected to that house shall agree to pass the same, it shall be sent, to¬ 
gether with the objections, to th<> other house, by w hich it shall be in 
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like manner reconsidered, and, if approved by a majority of all the 
members elected to that house, it shall become a law. in all such cases 
the votes of both houses shall be taken by yeas and nays, and the 
names of the members voting for and against the bill shall be entered 
on the journal of each house, respectively. If any bill shall not be re¬ 
turned by the governor within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall become a law in like 
manner as if the governor had signed it, unless the general assembly, 
by its adjournment, shall prevent its return, in which case it shall not 
become a law . 

Sec. 11. Every resolution to which the concurrence of the senate 
and house of representatives may be necessary, except on cases of 
adjournment, shall be presented to the governor, and, before the same 
shall take effect, shall be proceeded upon in the same manner as in 
the case of a bill. 

Sec. 12. There shall he an auditor of public accounts, whom the 
governor, by and with the advice and consent of the senate, shall ap¬ 
point. He shall continue in office four years, and shall perform such 
duties as may be prescribed by law. His office shall be kept at the 
seat of government. 

Sec. 13. The governor shall, at stated times, receive for his ser¬ 
vices an adequate salary, to he fixed by law, which shall neither be 
increased nor diminished during his continuance in office, and which 
shall never be less than two thousand dollars annually. 

Sec. 14. There shall he a lieutenant governor, who shall be 
elected at the same time, in the same manner, for the same term, and 
shall possess the same qualifications, as the governor. The electors 
shall distinguish for whom they vote as governor, and for whom as 
lieutenant governor. 

Sec. 15. The lieutenant governor shall, by virtue of his office, be 
president of the senate. In committee of the whole he may debate 
on all questions; and when there is an equal division, he shall give the 
casting vote in senate, and also in joint votes of both houses. 

Sec. 16. When the office of governor shall become vacant by 
death, resignation, absence from the state, removal from office, refu¬ 
sal to qualify, impeachment, or otherwise, the lieutenant governor, 
or, in case of like disability on his part, the president of the senate 
pro-tempore, or, if there be no president of the senate protempore, 
the speaker of the house of representatives, shall possess all the 
powers, and discharge all the duties, of governor, and shall receive 
for his services the like compensation, until such vacancy be filled, or 
the governor so absent or impeached shall return or be acquitted. 

Sec. 17. Whenever the office of governor shall become vacant, 
by death, resignation, removal from office, or otherwise, the lieu¬ 
tenant governor, or other person exercising the powers of governor 
for the time being, shall, as soon as may be, cause an election to be 
held to fill such vacancy, giving three months’ previous notice thereof; 
and the person elected shall not thereby be rendered ineligible to the 
office of governor for the next succeeding term. Nevertheless, if such 
vacancy shall happen w ithin eighteen months of the end of the term 


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for which the late governor shall have been elected, the same shall 
not be filled. 

Sec. 18. The lieutenant governor, or president of the senate pro 
tempore, while presiding in the senate, shall receive the same com¬ 
pensation as shall be allowed to the speaker of the house of represen¬ 
tatives. 

Sec. 19. The returns of all elections of governor and lieutenant 
governor shall be made to the secretary of state, in such manner as 
may be prescribed by law. 

Sec. 20. Contested elections of governor and lieutenant gover- 
vor shall be decided by joint vote of both houses of the general assem¬ 
bly, in such manner as may be prescribed by law. 

Sec. 21. There shall be a secretary of state, whom the governor, 
by and with the advice and consent of the senate, shall appoint. He 
shall hold bis office four years, unless sooner removed on impeach¬ 
ment. He shall keep a register of all the official acts and proceedings 
of the governor, and when necessary shall attest them; and he shall 
lay the same, together with all papers relative thereto, before either 
house of the general assembly, whenever required so to do, and shall 
perform such other duties as may he enjoined on him by law. 

Sec. 22. The secretary of state shall, as soon as may be, procure 
a seal of state, with such emblems and devices as shall be directed by 
law, which shali not be subject to change. It shall be called the 
“ Great Seal of the State of Missouri,” shall be kept by the secretary 
of state, and all official acts of the governor, his approbation of the 
laws excepted, shall be thereby authenticated. 

Sec., 23. There shall be appointed in each county a sheriff and a 
coroner, who, until the general assembly shall otherwise provide, shall 
be elected by the qualified electors at the time and place of electing 
representatives. They shall serve for two years, and until a succes¬ 
sor be duly appointed and qualified, unless sooner removed for mis¬ 
demeanor m office, and shall be ineligible four years in any period of 
eight years. The sheriff and coroner shall each give security for the 
faithful discharge of the duties of his office, in such manner as shall 
be prescribed by law. Whenever a county shall be hereafter estab¬ 
lished, the governor shall appoint a sheriff and coroner therein, who 
shall each continue in office until the next succeeding general election, 
and until a successor shall be duly qualified. 

Sec. 24. When vacancies happen in the office of sheriff or coroner, 
they shall be filled by appointment of the governor; and the persons 
so appointed shall continue in office until successors shall be duly 
qualified, and shall not be thereby rendered ineligible for the next 
succeeding term. 

Sec. 25. In all elections of sheriff and coroner, when two or more 
persons have an equal number of votes, and a higher number than 
any other person, the circuit courts of the counties, respectively, shali 
give the casting vote; and all contested elections for the said offices 
shall he decided by the circuit courts, respectively, in such manner 
as the general assembly may by law prescribe. 


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ARTICLE V. 


Or THE JUDICIAL POWER. 

Sec. I. The judicial powers, as to matters of law and equity, shall 
be vested in a supreme court,” in a 6< chancellor,” in “ circuit 
courts,” and in such inferior tribunals as the general assembly may 9 
from time to time, ordain and establish. 

Sec. 2. The supreme court, except in cases otherwise directed 
by this constitution, shall have appellate jurisdiction only, which 
shad be co-extensive with the state, under the restrictions and limi¬ 
tations in this constitution provided. 

Sec. 3. The supreme court shall have a general superintend¬ 
ing control over all inferior courts of law. It shall have power to is¬ 
sue writs of habeas corpus, mandamus, quo warranto, certiorari, and 
other original remedial writs, and to hear and determine the same. 

Sec. 4. The supreme court shall consist of three judges, any two 
of whom shall be a quorum; and the said judges shall be conserva¬ 
tors of the peace throughout the state. 

Sec. 5. The state shall be divided into convenient districts, not to 
exceed four, in each of which the supreme court shall hold two ses¬ 
sions annually, at such place as the general assembly shall appoint; 
and, when sitting in either district, it shall exercise jurisdiction over 
causes originating in that district only: Provided, however, that the 
general assembly may, at any time hereafter, direct, by law, that 
the said court shall be held at one place only. 

Sec. 6. The circuit court shall have jurisdiction over all crimi¬ 
nal cases which shall not be otherwise provided for by law, and ex¬ 
clusive original jurisdiction in all civil cases which shall not be cog¬ 
nizable before justices of the peace, until otherwise directed by the 
general assembly. It shall hold its terms in such place in eacli 
county as may be by law directed. 

Sec. 7. The state shall he divided into convenient circuits, for 
each of which a judge shall be appointed, who, after his appoint¬ 
ment, shall reside, and he a conservator of the peace, within the cir¬ 
cuit for which he shall he appointed. 

Sec. 8. The circuit courts shall exercise a superintending con¬ 
trol over ail such inferior tribunals as the general assembly may 
establish, and over justices of the peace in each county in their re¬ 
spective cin uits. 

Sec. 9. The jurisdiction of the court of chancery shall be co¬ 
extensive with the state, and the times and places of holding its ses¬ 
sions shall be regulated in the same manner as those of the supreme 
court. 

Sec 10. The court of chancery shall have original and appel¬ 
late jurisdiction in all matters of equity, and a general control over 
executors, administrators, guardians, and minors, subject to appeal, 
in all cases, to the supreme court, under such limitations as the ge¬ 
neral assenioiy may, by law, provide. 


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Sec. 11. Until tlie general assembly shall deem it expedient to es¬ 
tablish inferior courts of chancery, the circuit courts shall have ju¬ 
risdiction in matters of equity, subject to appeal to the court of chan¬ 
cery, in such manner, and under such restrictions, as shall he pre¬ 
scribed by law. 

Sec. 12. Inferior tribunals shall be established in each county for 
the transaction of all county business; for appointing guardians; for 
granting letters testamentary, and of administration; and for settling 
the accounts of executors, administrators, and guardians. 

Sec. 13. The governor shall nominate, and, by and with the ad¬ 
vice and consent of the senate, appoint, the judges of the supreme 
court, the judges of the circuit courts, and the chancellor, each of 
whom shall hold his office during good behavior, and shall receive 
for his services a compensation, which shall not be diminished during 
his continuance in office, and which shall not be less than two thou¬ 
sand dollars annually. 

Sec. 14. No person shall be appointed a judge of the supreme 
court, nor of a circuit court, nor chancellor, before he shall have 
attained to the age of thirty years; nor shall any person continue to 
exercise the duties of any of said offices after he shall have attained 
to the age of sixty-five years. 

Sec. 15. The courts, respectively, shall appoint their clerks, who 
shall hold their offices during good behavior. For any misdemeanor 
in office they shall be liable to be tried and removed by the supreme 
court, in such manner as the general assembly shall by law pro¬ 
vide. 

Sec. 16. Any judge of the supreme court, or of the circuit court, 
or the chancellor, may be removed from office on the address of two- 
thirds of eacli house of the general assembly to the governor for that 
purpose; but each house shall state, on its respective journal, the 
cause for which it shall wish the removal of such judge or chancel¬ 
lor, and give him notice thereof; and he shall have the right to be 
heard in his defence in such manner as the general assembly shall 
by law direct; but no judge nor chancellor shall be removed in 
this manner for any cause for which he might have been impeached. 

Sec. 17. In each county there shall be appointed as many justices 
of the peace as the public good may he thought to require. Their 
powers and duties, and their duration in office, shall be regulated by 
law. 

Sec. 18. An attorney general shall be appointed by the gover¬ 
nor, by and w ith the advice and consent of the senate. He shall re¬ 
main in office four years, and shall perform such duties as shall here* 
quired of him bylaw. 

Sec. 19. All w rits and process shall run, and all prosecutions 
shall be conducted, in the name of the 44 State of Missouri;” all w rits 
shall be tested by the clerk of the court from which they shall be is¬ 
sued, and all indictments shall conclude, 44 against the peace and dig¬ 
nity of the state.” 


14 


L 2 ] 

ARTICLE VI. 

OF EDUCATION. 

Sec. 1 . Schools, and the means of education, shall forever he en¬ 
couraged in this state; and the general assembly shall take measures 
to preserve, from waste or damage, such lands as have been, or may 
hereafter be, granted by the United States for the use of schools with¬ 
in each township in this state, and shall apply the funds, which may 
arise from such lands, in strict conformity to the object of the grant, 
and one school, or more, shall he established in each township as soon 
as practicable and necessary, where the poor shall be taught gratis. 

Sec. 2. The general assembly shall take measures for the im¬ 
provement of such lands as have been, or hereafter may be, granted 
by the United States to this state for the support of a seminary of 
learning; and the funds accruing from such lands, by rent or lease, or 
in any other manner, or which may be obtained from any other source, 
for the purposes aforesaid, shall be and remain a permanent fund to 
support a university for the promotion of literature, and of the arts 
and sciences; and it shall he the duty of the general assembly, as 
soon as may be, to provide effectual means for the improvement of 
such lands, and for the improvement and permanent security of the 
funds and endowments of such institution. 

ARTICLE VII. 

OF INTERNAL IMPROVEMENT. 

Internal improvement shall forever be encouraged by the govern¬ 
ment of this state; and it shall be the duty of the general assembly, 
as soon as may be, to make provision bylaw for ascertaining the most 
proper objects of improvement, in relation both to roads and naviga¬ 
ble waters; and it shall also be their duty to provide by law for a 
systematic and economical application of the funds appropriated to 
those objects. 

ARTICLE VIII. 

OF BANKS. 

The general assembly may incorporate one banking company, and 
no more, to be in operation at the same time. 'The bank to be incor¬ 
porated may have any number of branches, not to exceed five, to be 
established by law; and not more than one branch shall he establish¬ 
ed at any one session of the general assembly. The capital stock of 
the bank to be incorporated shall never exceed five millions of dollars, 
at least one half of which shall be reserved for the use of the state. 

ARTICLE IX. 

OF THE MILITIA. 

Sec. 1 . Field officers and company officers shall be elected by the 
persons subject to militia duty within their respective commands; 


15 


[ 2 ] 

brigadiers general shall be elected by the field officers of their re¬ 
spective brigades; and majors general by the brigadiers and field 
officers of their respective divisions, until otherwise directed by law* 

Sec. 2. General and field officers shall appoint their officers of the 
staff. 

Sec. 3. The governor shall appoint an adjutant general, and all 
other militia officers, whose appointments are not otherwise provided 
for in this constitution. 

ARTICLE X. 

OF MISCELLANEOUS PROVISIONS. 

Sec. 1 . The general assembly of this state shall never interfere 
With the primary disposal of the soil by the United States, nor with 
any regulation Congress may find necessary for securing the title in 
such soil to the bona fide purchasers. No tax shall be imposed on 
lands the property of the United States, nor shall lands belonging to 
persons residing out of the limits of this state ever be taxed higher 
than the lands belonging to persons residing within the state. 

Sec. 2. The state shail have concurrent jurisdiction on the river 
Mississippi, and on every other river bordering on the said state, so 
far as the said river shall form a common boundary to the said state, 
and any other state or states, now 7 , or hereafter to be, formed and 
bounded by the same; and the said river Mississippi, and the naviga¬ 
ble rivers and waters leading into the same, whether bordering on or 
within this state, shall be common highways, and forever free to the 
citizens of this state and of the United States, without any tax, duty, 
impost, or toll, therefor, imposed by the state. 

ARTICLE XL 

OF THE PERMANENT SEAT OF GOVERNMENT. 

Sec. 1 . The general assembly, at their first session, shall appoint 
five commissioners, for the purpose of selecting a place for the per¬ 
manent seat of government, whose duty it shall be to select four sec¬ 
tions of the land of the United States, which shall not have been ex¬ 
posed to public sale. 

Sec. 2. If the commissioners believe the four sections of land so 
by them to be selected, be not a suitable and proper situation for the 
permanent seat of government, they shall select such other place as 
they deem most proper for that purpose, and report the same to the 
general assembly at the time of making their report, provided for 
in the first section of this article; provided, that no place shall be 
selected which is not situated on the bank of the Missouri river, 
and within forty miles of the mouth of the river Osage. 

Sec. 3. If the general assembly determine that the four sections 
of land, which may be selected by authority of the first section of 
this article, be a suitable and proper place for the permanent seat of 


government, the said commissioners shall lay out a town thereon, 
under the direction of the general assembly; but, if the general as¬ 
sembly deem it most expedient to fix the permanent seat of govern¬ 
ment at the place to he selected by authority of the second section 
of this article, they shall so determine, and, in that event, shall au¬ 
thorize the said commissioners to purchase any quantity of land, not 
exceeding six hundred and forty acres, which may be necessary for 
the purpose aforesaid; and the place so selected shall be the perma¬ 
nent seat of government of this state, from and after the first day of 
October, one thousand eight hundred and twenty-six. 

Sec. 4. The general assembly, in selecting the above mentioned 
commissioners, shall choose one from each extreme part of the state, 
and one from the centre, and it shall require the concurrence of at 
least three of the commissioners to decide upon any part of the duties 
assigned them. 

ARTICLE XII. 

MODE OF AMENDING THE CONSTITUTION. 

The general assembly may, at any time, propose such amend¬ 
ments to this constitution as two thirds of each house shall deem ex¬ 
pedient, which shall be published in all the newspapers published in 
this state, three several times, at least twelve months before the next 
general election; and if, at the first session of the general assembly, 
after such general election, two thirds of each house shall, by yeas 
and nays, ratify such proposed amendments, they shall be valid to all 
intents and purposes, as parts of this constitution; provided, that such 
proposed amendments shall be lead on three several days, in each 
house, as well when the same arc proposed, as when they are finally 
ratified. 

ARTICLE XIII. 

DECLARATION OF RIGHTS. 

That the general, great, and essential principles of liberty and free 
government may he recognized and established, we declare, 

1. That all political power is vested in, and derived from, the 
people. 

2. That the people of this state have the inherent, sole, and exclu¬ 
sive right of regulating the internal government and police thereof, 
and of altering and abolishing their constitution and form of govern¬ 
ment, whenever it may he necessary to their safety and happiness. 

3. That the people have the right peaceably to assemble for their 
common good, and to apply to those vested with the powers of go¬ 
vernment for redress of grievances, by petition or remonstrance; and 
that their right to bear arms, in defence of themselves and of the state, 
cannot be questioned. 

4. That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences; 
that no man can be compelled to erect, support, or attend any place 


17 


[ 2 ] 

ui worship, or to maintain any minister of the gospel, or teacher of 
religion; that no human authority can control or interfere with the 
rights of conscience; that no person can ever he hurt, molested, or re¬ 
strained in his religious profession or sentiments, if he do not disturb 
others in their religious worship. 

5. That no person, on account of his religious opinions, can be ren¬ 
dered ineligible to any office of trust or profit under this state; that 
no preference can ever be given by law to any sect or mode of wor¬ 
ship; and that no religious corporation can ever be established in this 
state. 

6. That all elections shall be free and equal. 

7. That courts of justice ought to be open to every person, and 
certain remedy afforded for every injury to person, property, or char¬ 
acter; and that right and justice ought to be administered without 
sale, denial, or delay; and that no private property ought to be taken 
or applied to public use without just compensation. 

8. That the right of trial by jury shall remain inviolate. 

9. That, in all criminal prosecutions, the accused has the right to 
be heard by himself and his counsel; to demand the nature and cause 
of accusation; to have compulsory process for witnesses in his favor; 
to meet the witnesses against him face to face; and, in prosecutions 
on presentment or indictment, to a speedy trial by an impartial ju¬ 
ry of the vicinage; that the accused cannot be compelled to give evi¬ 
dence against himself, nor be deprived of life, liberty, or property, 
but by the judgment of his peers or the law of the land. 

■ 10. That no person, after having been once acquitted by a jury, 
can, for the same offence, be again put in jeopardy of life or limb, but 
if, in any criminal prosecution, the jury be divided in opinion at the 
end of the term, the court before which the trial shall be had, may, in 
its discretion, discharge the jury, and commit or bail the accused for 
trial at the next term of such court. 

11. That -all persons shall be bailable by sufficient sureties, except 
for capital offences, when the proof is evident or the presumption 
great, and the privilege of the writ of habeas corpus cannot be sus¬ 
pended, unless when, in cases of rebellion or invasion, the public safety 
may require it. 

12. That excessive bail shall not he required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

13. That the people ought to be secure in their persons, papers, 
houses, and effects, from unreasonable searches and seizures; and no 
warrant to search any place or to seize any person or thing can issue, 
without describing the place to he searched, or the person or thing to 
be seized, as nearly as may be, nor without probable cause, supported 
by oath or affirmation. 

14. That no person can, for an indictable offence, be proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or in the militia when in actual service in time of 
war or public danger, or, by leave of the court, for oppression or mis¬ 
demeanor in office. 


is 


L 2 J 

15. That treason against the state can consist only in levying war 
against it, or in adhering to its enemies, giving them aid and com- 
fort; that no person can he convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on his own confes¬ 
sion in open court; that no person can be attainted of treason or fel¬ 
ony by the general assembly; that no conviction can work corrup¬ 
tion of blood or forfeiture of estate; that the estates of such persons 
as may destroy their own lives shall descend or vest as in cases of 
natural death; and when any person shall be killed by casualty there 
ought to be no forfeiture by reason thereof. 

16 . That the free communication of thoughts and opinions is one 
of the invaluable rights of man, and that every person may freely 
speak, write, and print, on any subject, being responsible for the abuse 
of that liberty. That, in all prosecutions for libels, the truth thereof 
may be given in evidence, and the jury may determine the law and 
the facts, under the direction of the court. 

17. That no ex-post facto law, nor law impairing the obligation of 
contracts, or retrospective in its operation, can be passed; nor can 
the person of a debtor be imprisoned for debt after he shall have sur¬ 
rendered his property for the benefit of his creditors in such manner 
as may be prescribed by law. 

18. That no person who is religiously scrupulous of bearing arms 
can be compelled to do so, but may be compelled to pay an equivalent 
for military service in such manner as shall be prescribed by law; 
and that no priest, preacher of the gospel, or teacher of any religious 
persuasion or sect, regularly ordained as such, be subject to militia 
duty, or compelled to bear arms. 

19. That all property subject to taxation in this state shall be tax¬ 
ed in proportion to its value. 

£0. That no title of nobility, hereditary emolument, privilege, or 
distinction, shall be granted; nor any office created the duration of 
which shall be longer than the good behavior of the officer appointed 
to fill the same. 

21, That migration from this state cannot be prohibited. 

22. That the military is, and, in all cases, and at all times, shall 
be, in strict subordination to the civil power; that no soldier can, in 
time of peace, be quartered in any house without the consent of the 
owner, nor in time of war, but in such manner as may be prescribed 
by law; nor can any appropriation for the support of an army be 
made for a longer period than two years. 

SCHEDULE. 

Sec. 1 . That no inconvenience may arise from the change of go¬ 
vernment, wc declare, that all writs, actions, prosecutions, judg¬ 
ments, claims, and contracts, of individuals, and of bodies corporate, 
«hall continue as if no change had taken place; and all process which 
may, before the third Monday in September next, be issued under the 
authority of the Territory of Missouri, shall be as valid as if issued 
in the name of the state, 


19 


[ 2 3 

Sec. 2. All laws now in force in the Territory of Missouri, which 
are not repugnant to this constitution, shall remain in force until 
they expire by their own limitations, or be altered or repealed by the 
general assembly. 

Sec. 3. All fines, penalties, forfeitures, and escheats, accruing to 
the Territory of Missouri, shall accrue to the use of the state. 

Sec. 4. All recognizances heretofore taken, or which may he taken 
oefore the third Monday in September next, shall remain valid, and 
shall pass over to, and may be prosecuted in, the name of the state; 
and all bonds executed to the governor of the territory, or to any oth¬ 
er officer or court, in his official capacity, shall pass over to the go¬ 
vernor, or other proper state authority, and to their successors in of¬ 
fice, for the uses therein respectively expressed, and may be sued for 
and recovered accordingly. All criminal prosecutions, and penal ac¬ 
tions, which have arisen, or which may arise before the third Monday 
in September next, and which shall then be depending, shall he pro¬ 
secuted to judgment and execution in the name of the state. All ac¬ 
tions at law which now are, or which, on the third Monday in Sep¬ 
tember next, may be, depending in any of the courts of record, in the 
Territory of Missouri, may be commenced in, or transferred to, any 
court of record of the state which shall have jurisdiction of the subject 
matter thereof; and all suits in equity may, in like manner, be com- 
’ menced in, or transferred to, the court of chancery. 

Sec. 5. All officers, civil and military, now holding commissions 
under authority of the United States, or of the territory of Missouri., 
shall continue to hold and exercise their respective offices until they 
shall be superceded under the authority of the state; and all such offi¬ 
cers holding commissions under the authority of the territory of Mis¬ 
souri, shall receive the same compensation which they have hitherto 
received, in proportion to the time they shall be so employed. 

Sec. 6. The first meeting of the general assembly shall be at St. 
Louis, with power to adjourn to any other place; and the general as¬ 
sembly, at the first session thereof, shall fix the seat of government 
until the first day of October, one thousand eight hundred and twenty 
six; and the first session of the general assembly shall have power to 
fix the compensation of the members thereof; any thing in the consti¬ 
tution to the contrary notwithstanding. 

Sec. 7. Until the first enumeration shall be made, as directed in 
this constitution, the county of Howard shall he entitled to eight re¬ 
presentatives: the county of Cooper to four representatives; the 
county of Montgomery to two representatives; the county of Lincoln 
to one representative; the county of Pike to two representatives; the 
county of St. Charles to three representatives; the county of St> 
Louis to six representatives; the county of Franklin to two repre¬ 
sentatives; the county of Jefferson to one representative; the county 
of Washington to two representatives; the county of St. Genevieve 
to four representatives; the county of Cape Girardeau to four re¬ 
presentatives; the county of New Madrid to two representatives; 
the connty of Madison to one representative; the county of Wayne to 


20 


C 2 ] 

one representative; and that part of the county of Lawrence situated 
within this state shall attach to, and form part of, the county of Wayne, 
until otherwise provided by law, and the sheriff of the county of 
Wayne shall appoint the judges of the first election, and the place of 
holding the same, in the part thus attached: and any person who shall 
have resided within the limits of this state five months previous to 
the adoption of this constitution, and who shall be otherwise qualified, 
as prescribed in the third section of the third article thereof, shall be 
eligible to the house of representatives, any thing in this constitution 
to the contrary notwithstanding. 

Sec. 8. For the first election of senators, the state shall be divid¬ 
ed into districts, and the apportionment shall be as follows; that is to 
say: the counties of Howard and Cooper shall compose one district, 
and elect four senators; the counties of Montgomery and Franklin 
shall compose one district, and elect one senator; the county of St. 
Charles shall compose one district, and elect one senator; the coun¬ 
ties of Lincoln and Pike shall compose one district, and elect one 
senator; the county of St. Louis shall compose one district, and elect 
two senators; the counties of Washington and Jefferson shall compose 
one district, and elect one senator; the county of St. Genevieve shall 
compose one district, and elect one senator; the counties of Madison 
and Wayne shall compose one district, and elect one senator; the 
counties of Cape Girardeau and New Madrid shall compose one dis¬ 
trict, and elect two senators; and, in all cases where a senatorial 
district consists of more than one county, it shall be the duty of the 
clerk of the county second named in that district to certify the re¬ 
turns of the senatorial election within their proper county to the 
clerk of the county first named, within five days after he shall have 
received the same: and any person who shall have resided within 
the limits of this state five months previous to the adoption of this 
constitution, and who shall be otherwise qualified, as prescribed in 
the fifth section of the third article thereof, shall be eligible to the 
senate of this state, any thing in this constitution to the contrary 
notwithstanding. 

Sec. 9. The president of the convention shall issue writs of elec¬ 
tion to the sheriffs of the several counties, (or, in case of vacancy, to 
the coroners,) requiring them to cause an election to be held, on the 
fourth Monday in August next, for a governor, a lieutenant gover¬ 
nor, a representative in the Congress of the United States for the 
residue ot the sixteenth Congress, a representative for the seven¬ 
teenth Congress, senators and representatives for the general as- 
• sembly, sheriffs, and coroners; and the returns of all township elec¬ 
tions, held in pursuance thereof, shall be made to the clerk of the 
proper county, within five days after the day of election; and any 
person who shall reside within the limits of this state at the time of 
the adoption ot this constitution, and who shall be otherwise quali¬ 
fied, as prescribed in the tentli section of the third article thereof, 
shall be deemed a qualified elector, any thing in this constitution to 
the contrary notwithstanding. 


24 


C 2 ] 

Sec. 10. The elections shall be conducted according to the exist¬ 
ing laws of the Missouri territory. The clerks of the circuit courts 
of the several counties shall certify the returns of the election of go¬ 
vernor and lieutenant governor, and transmit the same to the 
speaker of the house of representatives, at the temporary seat of 
government, in such time that they may be received on the third 
Monday of September next. As soon as the general assembly 
shall be organized, the speaker of the house of representatives and 
the president, pro tempore, of the senate shall, in the presence of 
both houses, examine the returns, and declare who are duly elected 
to fill those offices,* and, if any two or more persons shall have an 
equal number of votes, and a higher number than any other person, 
the general assembly shall determine the election in the manner 
hereinbefore provided; and the returns of the election for member 
of Congress shall be made to the secretary of state within thirty 
days after the day of election. 

Sec. 11. The oaths of office, herein directed to be taken, may be 
administered by any judge or justice of the peace, until the general 
assembly shall otherwise direct. 

Sec. 12 . Until a seal of state be provided, the governor may use 
his private seal. 

Done by the representatives of the people of Missouri, in con¬ 
vention assembled, at the town of St. Louis, on the nine¬ 
teenth day of July, in the year of our Lord one thousand 
eight hundred and twenty, and of the independence of the 
United States of America the forty-fifth. 

DAVID BARTON, President of the Convention , 
and Representative from the County of St, Louis, 

From the County of Cape Girardeau. 

Stephen Byrd Joseph M‘Ferron 

Alexander Bucknor Richard S. Thomas. 

James Evans 

From the County of Cooper. 

Robert P. Clark Robert Wallace.- 

William Sillard 

• # 

% 

, i, • 

From the County of Franklin. 

John G. Heath. 

From the County of Howard. 

Nicholas S. Burckhartt . Benjamin H. Reeves 

Jonathan Smith Findlay John Ray. 

Duff Green 

From the County of Jefferswu 


S. Hammond, 


22 


[23 


From the County of Lincoln. 

Malcolm Henry. 

From the County of Montgomery. 
Jonathan Ramsay James Talbott. 

From the County of Madison. 

Nathaniel Cook. 

From the County of New Madrid. 

Robert D. Dawson Christo. G. Houts. 

From the County of Pike. 

Stephen Cleaver. 

From the County of St. Charles. 

Hiram H. Baber Benjamin Emmons. 

Nathan Boone 


From the County of St. Genevieve . 

R. T. Brown H. Dodge 

John D. Cook John Scotti 

From the County of St. Louis. 

Edw. Bates Wm. Rector 

Pr. Chouteau, jun. Thos. F. Riddick 

A. M‘Nair John C. Sullivan. 

Bernd. Pratte 


From the County of Washington. 

John Rice Jones Samuel Perry. 

John Hutchings 


Elijah Bettis. 
Attest* 


From the County of Wayne. 


William G. Pettits, 

Secretary of the Convention , 




23 


C 2 ] 


AN ORDINANCE 

Declaring* the assent of the people of the State of Missouri, by their 
representatives, in convention assembled, to certain conditions and 
provisions in the act of Congress of the sixth of March, one thou¬ 
sand eight hundred and twenty, entitled “ An act to authorize the 
people of Missouri territory to form a constitution and state go¬ 
vernment, and for the admission of such state into the Union on 
an equal footing with the original states, and to prohibit slavery 
in certain territories.” 

Whereas the act of Congress of the United States of America, ap¬ 
proved March the sixth, one thousand eight hundred and twenty, 
entitled “ An act to authorize the people of Missouri territory to 
form a constitution and state government, and for the admission of 
such state into the Union on an equal footing with the original states, 
and to prohibit slavery in certain territories, 1 ” contains certain re¬ 
quisitions and provisions, and, among other things, has offered to this 
convention? when formed, for and in behalf of the people inhabiting 
this state, for their free acceptance or rejection, the five following 
propositions, and which, if accepted by this convention, in behalf of 
the people as aforesaid, are to be obligatory on the United States, 
viz : 66 First; That section numbered sixteen in every township, and 
6i when such section has been sold or otherwise disposed of, other 
“ lands equivalent thereto, and as contiguous as may he, shall be 
granted to the state for the use of the inhabitants of such township 
t( for the use of schools. Second; That all salt springs, not exceeding 
a twelve in number, with six sections of land adjoining to each, shall 
« be granted to the said state for the use of said state, the same to be 
<( selected by the legislature of said state, on or before the first day of 
“ January, in the year one thousand eight hundred and twenty-five, 
“ and the same, when so selected, to be used under such terms, con- 
« ditions and regulations, as the legislature of said state shall direct; 
« provided, that no salt spring, the right whereof, now is, or hereaf- 
« ter shall he, confirmed or adjudged to any individual or individuals, 
« shall, by this section, be granted to said state; and provided, also, 
((that the legislature shall never sell or lease the same at any one time 
“ for a longer period than ten years, without the consent of Congress. 
a Third; That five per cent, of the nett proceeds of the sale of lands 
a lying within the said territory or state, and which shall he sold by 
“ Congress, from and after the first day of January next, after de- 
“ ducting all expenses incident to the same, shall be reserved for 
“ making public roads and canals, of which three-fifths shall be 
« applied to those objects withiu the state, under the direction of the 


LIBRARY OF CONGRESS 



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